PLP Briefing – EU Union (Withdrawal) Bill – Three Key Issues

Ahead of the Second Reading of the European Union (Withdrawal) Bill in the House of Lords, PLP has prepared a short briefing paper for Peers highlighting three key issues with the Bill. PLP takes no position on the UK’s decision to leave the European Union. Our work around the EU (Withdrawal) Bill is intended to

The duty of candour: Where are we now?

The underlying principle is that a public authority’s objective should not be to win the case at all costs, but to assist the court in its role of ensuring the lawfulness of the decision under challenge, with a view to upholding the rule of law and improving standards in public administration. It must therefore fairly

Open justice and developments in the law on anonymity, access to material on the court file and reporting restrictions

It is often said that justice must not only be done, but be seen to be done. Given the sheer number of cases going through the courts, their physical inaccessibility to the vast majority of people, and the complex material relied on in the majority of cases, for justice to be seen to be done

Judicial Review of the Regulators

This paper of regulatory case summaries accompanied the seminar 2017 which was an update on the application of judicial review principles to the regulators across a range of commercial sectors, and focuses on recent cases and also particular trends. Download paper

Parliamentary privilege, Article 9 of the Bill of Rights and admissibility

This paper looks at the latest case law on the use that can be made of Parliamentary materials in litigation. Download paper

Top public law cases of the year

The number and diversity of public law cases is now such that a review of the year can only hope to cover a small sample of these.  The selection of cases we look at (from September 2016 to August 2017) necessarily reflects our personal choices, and no doubt, there are many others that could have

Procedural fairness, article 8 and unlawful removal: [RLG] R(AT and ors) v SSHD

This judicial review in the Administrative Court concerns the unlawful removal of the Claimant AT following the unlawful refusal by the Secretary of State for the Home Department (SSHD) to accept his article 8 further submissions as a fresh claim.  The SSHD’s decision was procedurally unfair because AT was detained and unrepresented and the SSHD

The role of the judges in a post-referendum world

The opening address to the PLP annual Judicial Review Trends and Forecasts conference  on October 17, 2017. Lord Neuberger’s extraordinarily rich talk enters the topic via The Handmaid’s Tale, and proceeds to take in everything from executive power to judicial diversity and public legal education. Do stay for the Q and A at the end!

The importance of “exit day” in the EU (Withdrawal) Bill

“Exit day” is a hugely important term in the EU (Withdrawal) Bill.  It determines how long Ministers can exercise their delegated powers for and it sets the date when a snapshot of EU law is taken and retained in domestic law. This is a very short briefing for MPs setting out why “Exit day’ is

Committee Stage Brief on the Rights Implications of the EU (Withdrawal) Bill

Leaving the EU need not – and should not – result in ordinary people in the UK losing existing rights.  Yet if this Bill were to pass un-amended, that would be the inevitable result. That is why Liberty, Amnesty International UK, the Public Law Project and JUSTICE have come together to urge MPs to support

Problems with ‘The Repeal Bill’

PLP is providing extracts from a parliamentary briefing on the EU (Withdrawal) Bill to help more people understand the public law issues arising from the Bill. We have produced social media ‘cards’ that people can share with ‘headline’ issues. These link to the more detailed extracts below.

European Union (Withdrawal) Bill Briefing for House of Commons Second Reading

Ahead of the Second Reading of the European Union (Withdrawal) Bill on Thursday 07th September , PLP has prepared a briefing paper for Members highlighting our key concerns with the Bill.